In response to a plea filed by Capital Foods, owned by Tata Group, the Delhi High Court has issued a notice to Dabur India Limited regarding the use of the trademark “Schezwan Chutney.” Capital Foods, which markets the chutney under the brand name “Ching’s Schezwan Chutney,” argues that Dabur’s use of the term infringes on its registered trademark. The case is set for hearing in late February, as reported by Bar and Bench.
Trademark Dispute: Capital Foods vs. Dabur over ‘Schezwan Chutney’
In October 2024, Dabur filed a plea to cancel the “Schezwan Chutney” registration from the Trademarks Registry, with a hearing scheduled for February 5. Capital Foods, however, argues that it has made significant investments in promoting its trademark, which is widely recognized by consumers. Additionally, the company holds copyright for its unique product designs and has taken legal action in the past against those misusing its trademark.
Capital Foods asserts that consumers automatically associate the name “Ching’s Schezwan Chutney” with its product, and Dabur’s use of the same name misleads them into believing that its product is connected to or endorsed by Capital Foods. The legal conflict arose after Dabur launched its “Schezwan 2024” product line. Capital Foods argues that Dabur’s packaging emphasizes “Schezwan Chutney” while downplaying its own brand name, causing confusion among consumers and resulting in trademark infringement.
Dabur Challenges ‘Schezwan Chutney’ Trademark Registration
On the other hand, Dabur has challenged the registration of “Schezwan Chutney,” arguing that the term is generic and descriptive, indicating the product’s kind, quality, and characteristics. Dabur further claims that granting such a trademark would create a monopoly over descriptive words and points out that the original registration lacked a disclaimer about exclusive rights to these terms.
